Trade Litigation

The U.S. Department of Commerce announced new deadlines for all antidumping duty (AD) and countervailing duty (CVD) administrative reviews.  In response to a recent surge in the filing of new AD and CVD petitions and investigations and the ongoing COVID-19 world wide pandemic, they have decided to further uniformly toll deadlines for all AD and CVD administrative reviews by an additional 60 days.

• U.S. Department of Commerce Second Memo on Tolling of Deadlines Regarding all CVD and AD Administrative Reviews (July 21, 2020)

The U.S. Department of Commerce announced new deadlines for all antidumping duty (AD) and countervailing duty (CVD) administrative reviews.  In response to operational adjustments due to COVID-19, they have tolled deadlines for all AD and CVD administrative reviews by 50 days.

• U.S. Department of Commerce Memo on Tolling of Deadlines Regarding all CVD and AD Administrative Reviews (April 24, 2020)

The U.S. Department of Commerce initiated the Sixth Administrative Reviews (AR6) of the antidumping duty (AD) and countervailing duty (CVD) orders for certain softwood lumber products from Canada. Each year (unless the case is settled), administrative reviews are conducted to recalculate the countervailing and antidumping duty rates for shipments during the period of review (January 1, 2023 to December 31, 2023) and to establish new cash deposit rates for future shipments.  A company is subject to the reviews if there has been a specific request for review of that company filed by interested parties with the U.S. Department of Commerce.

• U.S. Federal Register: Initiation Notice of AR6 (PDF, 296KB) 

The U.S. Department of Commerce released its preliminary determinations for the fifth administrative review (AR5) of antidumping (AD) and countervailing duty (CVD) duties on certain softwood lumber products from Canada.

The preliminary determinations do not have any impact on current duties or cash deposit rates. Rates will not change until the U.S. Department of Commerce issues its final determination, expected in August 2024. The preliminary determination rates are listed in the table below. See the U.S. Federal Register Notice for preliminary results of the AD (PDF, 242KB) and CVD (PDF, 235KB) investigations.

• Government of British Columbia Statement
• Government of Canada Statement

The U.S. Department of Commerce extended its deadline for the preliminary results of the Fifth Administrative Review (AR5) in the countervailing duty (CVD) investigation of imports of certain softwood lumber products from Canada.

• U.S. Department of Commerce Memo extending preliminary results of AR5 CVD investigation to January 31, 2024

The U.S. Department of Commerce selected Tolko and J.D. Irving as voluntary respondents in the Fifth Administrative Review (AR5) in the countervailing duty (CVD) investigation of imports of certain softwood lumber products from Canada.

• U.S. Department of Commerce Memo selecting voluntary respondents in the AR5 CVD investigation

The U.S. Department of Commerce initiated the Fifth Administrative Reviews (AR5) of the antidumping duty (AD) and countervailing duty (CVD) orders for certain softwood lumber products from Canada.  Each year (unless the case is settled), administrative reviews are conducted to recalculate the countervailing and antidumping duty rates for shipments during the period of review and to establish new cash deposit rates for future shipments.  A company is subject to the review if there has been a specific request for a review of that company filed by interested parties with the U.S. Department of Commerce.

• U.S. Federal Register: Initiation Notice of AR5 (PDF, 248KB)

The U.S. Department of Commerce published amended final results of the AD case for AR4 in the Federal Register; rates are effective August 1, 2023

• U.S. Federal Register:  Amended Final Results of AR4 AD Case (PDF, 185KB)

The above table shows final amended rates for the fourth Administrative Review released by the U.S. Department of Commerce.  These amended cash deposit rates took effect on August 1, 2023, the original Federal Register publication date of the final results.

The U.S. Department of Commerce released its final determination for the Fourth Administrative Review (AR4) in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.

• Government of British Columbia Statement
• Government of Canada Statement
• U.S. Department of Commerce Final Determination Memo of AR4 AD investigation (PDF, 1314KB)
• U.S. Department of Commerce Final Determination Memo of AR4 CVD investigation (PDF, 1378KB)
• The U.S. Department of Commerce published the final results of the AD and CVD cases for AR4 in the Federal Register; rates are effective August 1, 2023
  • U.S. Federal Register: Final Results of AR4 AD Case (PDF, 205KB)
  • U.S. Federal Register: Final Results of AR4 CVD Case (PDF, 212KB)

The U.S. Department of Commerce released its preliminary determinations for the Fourth Administrative Review (AR4) in antidumping (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.

The preliminary determinations do not have any impact on current duties or cash deposit rates. Rates will not change until the U.S. Department of Commerce issues its final determination. The preliminary determination rates are listed in the table below. See the U.S. Federal Register Notice for preliminary results of the AD (PDF, 199KB) and CVD (PDF, 221KB) investigations.

The U.S. Department of Commerce initiated the Fourth Administrative Review (AR4) of antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.  Each year (unless the case is settled), an administrative review is conducted to recalculate the countervailing and antidumping duty rates for shipments during the period of review and to establish a new cash deposit rate for future shipments.  A company is subject to the review if there has been a specific request for a review of that company filed by interested parties with the U.S. Department of Commerce.

• U.S. Federal Register:  Initiation Notice of AR4 (PDF, 240KB)

• The U.S. Department of Commerce published the final results of the AD and CVD cases for AR3 in the Federal Register, rates are effective August 9, 2022
  • U.S. Federal Register: Final Results of AR3 AD Case (PDF, 210KB)
  • U.S. Federal Register: Final Results of AR3 CVD Case (PDF, 217KB)

The U.S. Department of Commerce released its final determination for the Third Administrative Review (AR3) in the countervailing duty (CVD) and antidumping duty (AD) investigations of imports of certain softwood lumber products from Canada.

• Government of British Columbia Statement
• Government of Canada Statement
• U.S. Department of Commerce Final Determination Memo of AR3 AD investigation (PDF, 551KB)
• U.S. Department of Commerce Final Determination Memo of AR3 CVD investigation (PDF, 200KB)

The U.S. Department of Commerce extended its final results of the Third Administrative Review (AR3) in the countervailing duty (CVD) investigation of imports of certain softwood lumber products from Canada. Final results are now expected August 3, 2022.

• U.S. Department of Commerce Memo Extending final results of AR3 CVD investigation to August, 2022 (PDF, 84KB)

The U.S Department of Commerce released its preliminary determination for the Third Administrative Review (AR3) in antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.

These rates will only be applicable to companies covered by the Third Administrative Review, see U.S. Department of Commerce Notice for AD (PDF, 95KB) and CVD (PDF, 814KB) investigations .

The U.S. Department of Commerce extended its preliminary results of the Third Administrative Review (AR3) in the antidumping duty (AD) investigation of imports of certain softwood lumber products from Canada.

• U.S. Department of Commerce Memo Extending Preliminary Results of AR3 AD investigation to January, 2022 (PDF, 147KB)

The U.S. Department of Commerce extended its preliminary results of the Third Administrative Review (AR3) in the countervailing duty (CVD) investigation of imports of certain softwood lumber products from Canada.

• U.S. Department of Commerce Memo Extending Preliminary Results of AR3 CVD investigation to January, 2022 (PDF, 84KB)

The U.S. Department of Commerce initiated the Third Administrative Review (AR3) of antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.  Each year (unless the case is settled), an administrative review is conducted to recalculate the countervailing and antidumping duty rates for shipments during the period of review and to establish a new cash deposit rate for future shipments.  A company is subject to the review if there has been a specific request for a review of that company filed by interested parties with the U.S. Department of Commerce.

• U.S. Federal Register:  Initiation Notice of AR3 (PDF, 96 KB)

The U.S. Department of Commerce announced the Third Administrative Review (AR3) of antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.  This publication formally notifies parties of their opportunity to request a review for both the AD and CVD cases.

• U.S. Federal Register:  Announcement Notice of AR3 (PDF, 214 KB)
• Government of Canada Questions and Answers

Amended final results of the Second Administrative Review (AR2) countervailing duty (CVD) case have been published in the Federal Register.

• U.S. Federal Register:  Amended Final Results of the AR2 CVD Case (PDF, 160KB)

The above table shows final amended rates for the 2nd Administrative Review released by the U.S. Department of Commerce.  These amended cash deposit rates took effect on January 10, 2022 as published in the Federal Register.

The U.S. Department of Commerce issued a Memo amending its notice of final results for the Second Administrative Review (AR2) in the countervailing duty (CVD) investigation of imports of certain softwood lumber products from Canada.

• U.S. Department of Commerce Adjustment Memo of AR2 CVD investigation (PDF, 152KB)

The U.S. Department of Commerce published the final results of the AD and CVD cases for AR2 in the Federal Register, rates are effective December 2, 2021.

• U.S. Federal Register:  Final Results of AR2 AD Case (PDF, 227KB)
• U.S. Federal Register:  Final Results of AR2 CVD Case (PDF, 234KB)

The U.S. Department of Commerce released its final determinations for the Second Administrative Review (AR2) in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.

• Government of British Columbia Statement
• Government of Canada Statement
• U.S. Department of Commerce Final Determination Memo of AR2 AD investigation (PDF, 504KB)
• U.S. Department of Commerce Final Determination Memo of AR2 CVD investigation (PDF, 4332KB)

The above table shows final rates for the 2nd Administrative Review released by the US Department of Commerce.  These rates will take effect once published in the federal register, expected November 30, 2021. 

The U.S. Department of Commerce released its preliminary determination for the Second Administrative Review (AR2) in antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.

These rates will only be applicable to companies covered by the Second Administrative Review, see U.S. Department of Commerce Notices for AD (pdf, 219KB) and CVD (pdf, 218KB) investigations.

• Government of British Columbia Statement (PDF, 274KB)

The U.S. Department of Commerce initiated the Second Administrative Review (AR2) of antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.  Each year (unless the case is settled), an administrative review will be conducted to recalculate the countervailing and antidumping duty rates for shipments during the period of review and to establish a new cash deposit rate for future shipments.  A company is subject to the review if there has been a specific request for a review of that company filed by interested parties with the U.S. Department of Commerce.

• U.S. Federal Register: Initiation Notice of AR2 (March 10, 2020).  Specifically, for the list of softwood lumber exporters subject to the AD AR2 proceedings see page 3 and those subject to the AR2 CVD proceedings see page 9.

The U.S. Department of Commerce announced the Second Administrative Review (AR2) of antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.

• U.S. Federal Register:  Announcement Notice of AR2 (January 2, 2020)
• Government of Canada Questions and Answers

The U.S. Department of Commerce published the final results of the countervailing duty (CVD) case for the First Administrative Review (AR1) in the Federal Register.

• US Federal Register:  Final Results of AR1 CVD case (PDF, 74 KB)

The U.S. Department of Commerce published the final results of the antidumping duty (AD) case for the First Administrative Review (AR1) in the Federal Register.

• U.S. Federal Register: Final Results of AR1 AD case (PDF, 244 KB)

The U.S. Department of Commerce released its final determination for AR1 in antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.

• Premier Horgan Statement
• Government of Canada Statement

This final determination includes both an assessment rate (see table 1 below), to be applied to exports during the period of review (April 28, 2017 through December 31, 2018) and a new cash deposit rate that will apply to new shipments upon completion of this review.  These rates will only be applicable to companies covered by the First Administrative Review.

• Review the U.S. Department of Commerce Notices for AD (PDF, 138 KB) and CVD (PDF, 144 KB) investigations.

Once the final determination is published in the Federal Register (expected within 5-7 days) the new cash deposit rates, see table 2 below, will apply for new shipments.

The U.S. Department of Commerce announced they are fully extending the deadline for the Final Determination of the First Administrative Review. 

• U.S. Department of Commerce Memo Fully Extending Final Results to September 24, 2020 (June 3, 2020)

The U.S. Department of Commerce released its preliminary determination for the First Administrative Review (AR1) in antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.

This preliminary determination includes both an assessment rate (see table 1 below), to be applied to exports during the period of review (April 28, 2017 through December 31, 2018) and a new cash deposit rate that will apply to new shipments upon completion of this review.  These rates will only be applicable to companies covered by the First Administrative Review, see U.S. Department of Commerce Notices for AD (pdf) and CVD (pdf) investigations.

As both these rates are only preliminary, rates may change in the final determination; therefore, there is no change to the duties companies pay on their U.S. shipments.  Once the final determination, expected to be released on September 25, 2020, is published in the Federal Register (expected approximately September 30, 2020) the new cash deposit rates (see table 2 below) will apply for new shipments.

The preliminary new cash deposit rates that would be applied on new shipments after publication of the Final Determination in September, 2020 are as follows:

The U.S. Department of Commerce initiated the First Administrative Review (AR1) of antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada. 

• U.S. Federal Register:  Initiation Notice of AR1 (April 1, 2019)
• Government of Canada Questions and Answers

The U.S. Department of Commerce published the countervailing (CVD) and antidumping (AD) duty orders in the Federal Register.

• U.S. Department of Commerce CVD Order
• U.S. Department of Commerce AD Order
• Government of Canada Statement

As a result, they will issue instructions to U.S. Customs and Border Protection to collect CVD and AD duties on all lumber shipments from Canada since December 28, 2017.

The U.S. Department of Commerce also corrected certain ministerial errors, and made amendments to their final CVD and AD rates, that were issued on November 2, 2017.  The amended final CVD and AD rates are as follows:

Following the publication of the CVD order, companies, who were not individually examined in the CVD investigation, have 30 days to request the U.S. Department of Commerce to conduct an Expedited Review to establish a company specific rate for each requesting company. 

• Expedited Reviews factsheet (PDF, 81.9 KB)

The U.S. International Trade Commission (ITC) published their final injury determination in the Federal Register.

• U.S. ITC Federal Register Notice

The U.S. International Trade Commission (ITC) made its injury determination.

• The ITC ruled that softwood lumber imports from Canada have materially injured the U.S. domestic lumber industry.
• The ITC made a negative finding on critical circumstances in the antidumping investigation.
  • Premier Horgan Statement
  • Minister Freeland Statement
  • U.S. ITC News Release

The ITC’s determination of material injury provides the legal basis for the U.S. DOC issuance of CVD and AD duty orders.  Consequently, softwood lumber imports from Canada will be required to pay CVD and AD duties starting on the date the ITC ruling is published.

U.S. Department of Commerce issued final determinations in the countervailing (CVD) and antidumping (AD) duty cases.

• Government of B.C. News Release (November 2, 2017)
• Government of Canada Statement (November 2, 2017)
• U.S. Department of Commerce Fact Sheet (November 2, 2017)

The Department of Commerce fact sheet contains summary of rulings on critical circumstances and product scope

Company Exclusion Process:  The Department of Commerce claimed that it does not have the legal authority to conduct a company exclusion process in this company-specific investigation

• Government of Canada's explanation on company exclusions process
• U.S. Department of Commerce issued a memorandum regarding company exclusions process
  • U.S. Department Memorandum on Company Exclusions

U.S. Department of Commerce announced that, effective August 26, 2017, provisional CVD duties are not required for softwood lumber shipments to the U.S until the International Trade Commission (ITC) publishes its final determination on injury.

• U.S. Department of Commerce Notice

U.S. Department of Commerce issued preliminary antidumping (AD) determination.

• Government of B.C. Statement
• Government of Canada Statement
• U.S. Department of Commerce Fact Sheet
• Preliminary determination of antidumping duty, U.S. Federal Register Notice

Preliminary AD Rates:  Canfor 7.72%; Tolko 7.53%; West Fraser 6.76%; Resolute 4.59%; all other companies 6.87%.  Starting June 30, 2017, preliminary AD rates are in effect until the U.S. Department of Commerce publishes its final AD determinations, expected by November 10, 2017.

U.S. Department of Commerce issued a Memorandum regarding preliminary product scope decision.

• Memorandum of Preliminary Product Scope Decision

Government of Canada and Government of B.C. submissions on product scope exclusions to the U.S. Department of Commerce.

• Government of B.C. Letter
• Government of Canada Letter

U.S. Department of Commerce issued a memorandum regarding company exclusions process.

• Memorandum on Company Exclusions

U.S. Department of Commerce issued preliminary CVD determination

• U.S. Department of Commerce News Release
• U.S. Department of Commerce Fact Sheet
• Preliminary determination of countervailing duty, Federal Register Notice

Preliminary CVD Rates Issued on April 24:  Canfor 20.26%; Tolko 19.50%; West Fraser 24.12%; Resolute 12.82%; Irving 3.02%; all other companies 19.88%.  Preliminary CVD duties were in effect between April 28, 2017 and August 25, 2017.

U.S. Department of Commerce issued preliminary determination of Critical Circumstances.

• Preliminary determination of Critical Circumstances

Summary:

• The U.S. Department of Commerce preliminarily found that critical circumstances exist for all Canadian exporters of softwood lumber other than Canfor, Resolute, Tolko, and West Fraser.
• Companies that shipped products in the scope of the investigations during the 90 days prior to the publication of the preliminary duty rates (April 28 for countervailing duties and June 30 for antidumping duties) will be required to provide cash deposits on those shipments.

Government of B.C. submitted a letter to the U.S. Department of Commerce in support of clarifying and exclusionary language proposed by Canada regarding the scope of the investigations.

• Government of British Columbia Letter

Government of Canada's proposal to the U.S. Department of Commerce for company exclusions.

• Government of Canada Letter

Government of B.C. submitted a letter to the U.S. Department of Commerce in support of a company exclusion process.

• Government of British Columbia Letter

Canada's Comments on Allegations of Critical Circumstances.

• Government of Canada Letter

Government of Canada and Government of B.C. submitted requests for product scope exclusion to the U.S. Department of Commerce.

• Government of British Columbia Letter
• Government of Canada Letter

The U.S. International Trade Commission (USITC) announced a finding of injury.

• Minister Thomson Statement in response to U.S. International Trade Commission Ruling
• U.S. Federal Register:  USITC Determination Notice (January 13, 2017)

  The U.S. Department of Commerce announced the initiation of antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.

• U.S. Federal Register:  Initiation Notice of the Countervailing Duty Investigation (December 22, 2016)
• U.S. Department of Commerce Notification to the U.S. International Trade Commission (December 16, 2016)

Canada's response to the Petition.

• Consultations Paper of the Government of Canada

The U.S. COALITION filed a petition alleging Canadian lumber is unfairly subsidized and dumped into the U.S. market.

• B.C. Government News Release
• BC Lumber Trade Council News Release
• Government of Canada Statement
• Council of the Federation (Canada's Premiers) Statement

• Government of Canada's explanation on company exclusions process
• U.S. Department of Commerce issued a memorandum regarding company exclusions process
  • U.S. Department Memorandum on Company Exclusions

Government of Canada's proposal to the U.S. Department of Commerce for company exclusions

• Government of Canada Letter

Government of B.C. submitted a letter to the U.S. Department of Commerce in support of a company exclusion process

• Government of British Columbia Letter